You have rights under federal and state law. Texas law covers actions by anyone trying to collect a consumer debt. The Federal Fair Debt Collection Practices Act (15 U.S.C. §§ 1692-1692p) applies only to collectors working for professional debt collection agencies and attorneys hired to collect a debt.
The information below is based largely on resources provided by the Federal Trade Commission.
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not use threats of violence or harm; publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies); use obscene or profane language; or repeatedly use the phone to annoy someone. Under federal law, collectors cannot call you at work if the collector has reason to know the employer does not permit such calls (like you telling them); they also cannot call you before 8 a.m. or after 9 p.m. unless the collector knows those times are more convenient for you.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not falsely claim that they are attorneys or government representatives; falsely claim that you have committed a crime; falsely represent that they operate or work for a credit reporting company; misrepresent the amount you owe; indicate that papers they send you are legal forms if they aren’t; or indicate that papers they send to you aren’t legal forms if they are.
Threats. Debt collectors also are prohibited from saying that you will be arrested if you don’t pay your debt; they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not give false credit information about you to anyone, including a credit reporting company; send you anything that looks like an official document from a court or government agency if it isn’t; or use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or state law – allows the charge; deposit a post-dated check early; take or threaten to take your property unless it can be done legally; or contact you by postcard.
The Texas Debt Collection Act
The Texas Debt Collection Act (Texas Finance Code Section 392) adds state protections to the protections under the Federal Fair Debt Collection Practices Act (FDCPA). Both laws are similarly intended to protect consumers from unfair collection practices. Both laws prohibit collectors from abusive, misleading, harassing, threatening, and fraudulent tactics when trying to collect debts from consumers.
The Texas law applies to anyone attempting to collect a consumer debt. Period. The federal law only applies to debt collectors working for designated debt collection agencies and lawyers hired to collect debts. For more on the Texas law, see the Attorney General of Texas' website.
Violators of the Texas debt collection protections are subject to criminal and civil penalties. Consumers who think they have been harassed or deceived may seek injunctions and damages against debt collectors.